DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5544-07
24 January 2008
Dear SI.
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
states Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, slbhting in executive session, considered your
application on 23 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
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After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 26 December 1978, you enlisted in the Marine Corps at age 18.
On 21 August and 17 October 1979, you had nonjudicial punishments
for a brief period of unauthorized absence (UA) and carrying a
concealed weapon, specifically, a straight razor. On
31 October 1979, you began a UA that ended on 9 July 1980, a
period of about 252 days. on 16 September 1980, you were
convicted by a special court-martial of this offense. The court
sentenced you to confinement at hard labor, reduction in rank,
and a bad conduct discharge (BCD). On 30 October 1980, you
waived the right to request restoration to duty, but requested
Clemency. On 19 February 1981, your request for clemency was
denied. After the BCD was approved at all levels of review, on
7 December 1981, you were so discharged.
The Board, in its review of your entire record, carefully
considered all potential mitigation, such as your youth and
contentions that you were not provided proper legal counsel and
went UA because your commanding officer was prejudiced.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your misconduct, specifically, more than eight
months of UA. Regarding your contentions, there is no evidence
in the record to support them. However, the record does show
that you chose to violate the Uniform Code of Military Justice
which resulted in discharge. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
NAVY | BCNR | CY2008 | 01861-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2008. Following the SCM, you received the following NJP’s: on 26 September 1980, UA, failure to obey a lawful order, disrespect in language to a superior, and assault, and on 30 December 1980, UA, and failure to obey a lawful order. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
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